Tafsir Al-Jalalayn: Al-Maaida, Ayah 95

Al-Maaida · Ayah 95 · View Ayah
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقْتُلُوا۟ ٱلصَّيْدَ وَأَنتُمْ حُرُمٌۭ ۚ وَمَن قَتَلَهُۥ مِنكُم مُّتَعَمِّدًۭا فَجَزَآءٌۭ مِّثْلُ مَا قَتَلَ مِنَ ٱلنَّعَمِ يَحْكُمُ بِهِۦ ذَوَا عَدْلٍۢ مِّنكُمْ هَدْيًۢا بَٰلِغَ ٱلْكَعْبَةِ أَوْ كَفَّٰرَةٌۭ طَعَامُ مَسَٰكِينَ أَوْ عَدْلُ ذَٰلِكَ صِيَامًۭا لِّيَذُوقَ وَبَالَ أَمْرِهِۦ ۗ عَفَا ٱللَّهُ عَمَّا سَلَفَ ۚ وَمَنْ عَادَ فَيَنتَقِمُ ٱللَّهُ مِنْهُ ۗ وَٱللَّهُ عَزِيزٌۭ ذُو ٱنتِقَامٍ
O you who have believed, do not kill game while you are in the state of ihram. And whoever of you kills it intentionally - the penalty is an equivalent from sacrificial animals to what he killed, as judged by two just men among you as an offering [to Allah] delivered to the Ka'bah, or an expiation: the feeding of needy people or the equivalent of that in fasting, that he may taste the consequence of his deed. Allah has pardoned what is past; but whoever returns [to violation], then Allah will take retribution from him. And Allah is Exalted in Might and Owner of Retribution.

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Al-Jalalayn Commentary

O you who believe do not slay game while you are in the state of pilgrimage inviolability for the hajj or the ‘umra; whoever of you slays it wilfully then the compensation shall be read fa-jazā’un ‘then the compensation shall be’ followed by a nominative mithlu ‘the like of’ that is to say a compensation is incumbent on him and that is the equivalent of what he has slain of flocks in other words a similar creature a variant reading has an annexation construction for jazā’ ‘compensation’ sc. fa-jazā’u mithli ‘then the compensation of’ to be judged that is the equivalent is to be judged by two just men among you both possessing astuteness with which they are able to identify the nearest animal in equivalence to it the slain animal. Ibn ‘Abbās ‘Umar and ‘Alī may God be pleased with them all adjudged a beast of sacrifice as redemption for an ostrich slain; Ibn ‘Abbās and Abū ‘Ubayda adjudged a cow as redemption for wildebeest or wild ass; ‘Abd Allāh Ibn ‘Umar and ‘Abd al-Rahmān Ibn ‘Awf a sheep for a gazelle and as Ibn ‘Abbās ‘Umar and others did a sheep also as a redemption for slaying pigeons because they pigeons resemble these sheep in taking scoops of water when drinking; an offering hadyan is a circumstantial qualifier referring to jazā’ ‘compensation’ to reach the Ka‘ba that is to be taken into the Sanctuary sacrificed there and given as a voluntary offering to its needy residents and it cannot be sacrificed wherever else it may be bāligha l-ka‘ba ‘to reach the Ka‘ba’ is in the accusative because it is an adjectival qualification of what precedes even if it stands as an annexation since such an annexation is only morphological and not valid as a grammatical characterisation; if there is no equivalent beast of flock for the game slain as in the case of a small bird or locusts then the person is obliged to compensate with equivalent value. Or it is incumbent on him to make an expiation other than compensation and if he should find the means then this expiation is food for the poor food to be taken from the principal food of the town equivalent to the value of the compensation being one mudd measure for each poor person a variant reading has kaffāra ‘expiation’ in an annexation with the following noun sc.

Other Scholars on This Ayah

Tafsir

85%73%72%Al-JalalaynIbn AbbasIbn Kathir
Scholars largely agree on this ayah

Related Hadiths

Sunan Ibn Majah#2821Sahih

“The Messenger of Allah (ﷺ) stipulated (the penalty of) a man for a hyena killed by a man in Ihram, and he considered it as game.”

Narrated by It was narrated that Jabir said:
Sahih al-Bukhari#5272Sahih

The Prophet (ﷺ) said, "If you let loose your hound after a game and mention Allah's Name on sending it, and the hound catches the game and kills it, then you can eat of it. But if the hound eats of i...

Narrated by Narrated Adi bin Hatim:
Jami` at-Tirmidhi#847Sahih

The Prophet said: "The land game is lawful for you while you are in Ihram as long as you did not hunt it - or - it was not hunted for you."

Narrated by Jabir bin Abdullah narrated that:
Sunan Abu Dawud#3802Sahih

I asked the Messenger of Allah (ﷺ) about the hyena. He replied: It is game, and if one who is wearing ihram (pilgrim's robe) hunts it, he should give a sheep as atonement.

Narrated by Narrated Jabir ibn Abdullah:
Sunan an-Nasa'i#4309Hasan

"When you release your arrow or your dog, mention the name of Allah, and when your arrow kills (the game), then eat." He said: "What if it gets away from me for a night, O Messenger of Allah?" He said...

Narrated by It was narrated from 'Adiyy bin Hatim that he asked the Messenger of Allah about hunting and he said:
Sahih Muslim#2741Sahih

They had entered upon the state of Ihram except I for 'Umra. He (again) said: I (Abu Qatada) hunted a wild ass and fed my companions in the state of their being Muhrim. 1 then came to the Messenger of...

Narrated by Abdullah b. Abu Qatada narrated on the authority of his father (Allah be pleased with him) that they went with the Messenger of Allah (ﷺ) on an expedition to Hudaibiya. He (further) said:
Sunan Abu Dawud#1852Sahih

I heard the Messenger of Allah (ﷺ) say: The game of the land is lawful for you (when you are wearing ihram) as long as you do not hunt it or have it hunted on your behalf. Abu Dawud said: When two ...

Narrated by Narrated Jabir ibn Abdullah:
Sunan Ibn Majah#2371Da'if

“Whoever kills out of folly or for tribal motives, using a rock, a whip, or a stick; he must pay the blood money for killing by mistake. Whoever kills deliberately, he is to be killed in retaliation. ...

Narrated by It was narrated from Ibn 'Abbas, who attributed it to the Prophet (ﷺ):
Sahih Muslim#2739Sahih

The Messenger of Allah (ﷺ) set out for Pilgrimage and we also set out along with him. He (Abu Qatada) said: There proceeded on some of his Companions and Abu Qatada was (one of them). He (the Prophet)...

Narrated by 'Abdullah b. Abu Qatada reported on the authority of his father (Allah be pleased with him):
Sunan an-Nasa'i#4285Hasan

"If you release your dog and mention the name of Allah over him, and he kills (the game), but does not eat any of it, then eat. But if he has eaten from it, then do not eat, for he caught it for himse...

Narrated by It was narrated from 'Adiyy bin Hatim At-Tai that he asked the Messenger of Allah about hunting. He said:

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